06 - SOW.pdf

STATEMENT OF WORK

(SOW)

RESIDENTIAL REENTRY CENTER

August 2007

Revision 01, December 2007, CCB

TABLE OF CONTENTS

INTRODUCTION

CHAPTER 1

Administration and Organization

CHAPTER 2

Personnel

CHAPTER 3

Facility

CHAPTER 4

Life/Safety

CHAPTER 5

Sanitation & Environment

CHAPTER 6

Electrical Safety

CHAPTER 7

Hazardous Materials

CHAPTER 8

Pest Control & Waste Management

CHAPTER 9

Referral and Intake Processing

CHAPTER 10

Programs

PROGRAMS CHAPTER - SECTIONS

01 Program Components 02 Program Review Team (PRT) 03 Individual Orientation 04 Program Planning and Progress 05 Employment 06 Offender’s Financial Responsibility 07 Residence Development 08 Driving 09 Transitional Skills Programs

10 TDAT

11 Special Supervision Conditions 12 Marriage

CHAPTER 11

Security and Accountability

CHAPTER 12

Discipline

CHAPTER 13

Administrative Remedy

CHAPTER 14

Food Services

CHAPTER 15

Medical Services

CHAPTER 16

Records and Reports

CHAPTER 17

Release Procedures

CHAPTER 18

Escape Procedures

CHAPTER 19

Serious Illness, Injury, or Death

CHAPTER 20

USPO Cases

CHAPTER 21

Research and Evaluation

CHAPTER 22

BOP Inspections

CHAPTER 23

Cost Reimbursements

List of Attachments

REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION. Attachment A

INITIAL INTAKE FORM.. . . . . . . . . . . . . . . . Attachment B

CASE NOTES. . . . . . . . . . . . . . . . . . . . . Attachment C

URINALYSIS PROCEDURES.. . . . . . . . . . . . . . . Attachment D

PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE.. . Attachment E

EXPLANATION OF TERMS. . . . . . . . . . . . . . . . Attachment F

AGREEMENT TO PARTICIPATE IN THE BUREAU OF PRISONS TRANSITION

SKILLS PROGRAM . . . . . . . . . . . . . . . . . . . Attachment G

LIST OF BOP FORMS

(provided by CCM)

Name of Form Chapter Reference

ADMINISTRATIVE REMEDY FORMS

APPLICATION FOR VOLUNTEER SERVICE

AUTHORIZATION TO OPERATE A MOTOR VEHICLE

CENTER DISCIPLINE COMMITTEE (CDC) REPORT (RRC’S)

COMMUNITY BASED PROGRAM AGREEMENT

DUTIES OF STAFF REPRESENTATIVES (RRC’S)

FURLOUGH APPLICATION - APPROVAL AND RECORD

FURLOUGH QUESTIONNAIRE - OUT OF SENTENCING DISTRICT

INCIDENT REPORT (RRC'S)

INMATE RIGHTS AT CENTER DISCIPLINE COMMITTEE HEARING

NOTICE OF CENTER DISCIPLINE COMMITTEE HEARING (RCAS)

PASS REQUEST AND APPROVAL

QUESTIONNAIRE - SENTENCING DISTRICT

URINE SAMPLING PROGRAM (RRC'S)

WAIVER OF RRC DRUG TREATMENT REQUIREMENT

WAIVER OF APPEARANCE (RRC’S)

LIST OF BOP PROGRAM STATEMENTS

(Referenced in the Statement of Work)

Program Statement Referenced Chapter

PS 1330.13 Administrative Remedy Program

PS 1351.05 Release of Information

PS 1480.05 News Media Contacts

PS 3735.04 Drug Free Workplace

PS 5380.06 Cost of Incarceration Fee (COIF)

PS 5800.13 Inmate Systems Management Manual

PS 6060.08 Urine Surveillance and Testing Program

PS 6590.07 Alcohol Surveillance and Testing program

PS 7310.04 Community Corrections Center (CCC) Utilization and Transfer Procedure

PS 7570.02 Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities

PS 5324.06 Sexually Abusive Behavior Prevention and Intervention Program

PS 5321.07 Unit Management Manual (Attachment B)

PS 5280.08 Furlough

PS 1415.03 Community Relations Board

Program Statements may be found on the Bureau of Prisons Internet Home Page, www.BOP.gov.

The policy statements numbers listed above were current at the time of this SOW revision, however, it is the Bureau’s expectation that the contractor maintain and implement subsequent policy updates as they occur. This will require the contractor to routinely review policy statements to ensure they are utilizing the most current version.

CONTRACTOR REQUIRED TRAINING

(Referenced in the Statement of Work)

Training Chapter Referenced

Staff annually review (with documentation) Contractors’ Operations Manual 1

20 hours of staff Annual Training with required topics 2

Staff training on duties and responsibilities prior to working with federal inmates. 2

A minimum of one Key Staff will attend BOP Regional training as offered 2

Staff acknowledge receipt and understanding of Contractor’s Employee Standards of Conduct 2

The contractor will develop and implement a comprehensive staff training program addressing the facility’s sexual abuse/assault/misconduct prevention and intervention program. 2

The contractor will provide a brief orientation program for all volunteers and provide specific written guidance in the format of a “Volunteer Manual”. 2

The contractor will train all staff in emergency procedures within one week of their initial employment. In addition, the contractor will include emergency training in annual refresher training. 4

The contractor will train all staff in the proper handling and use of all hazardous, toxic, caustic, and flammable materials within two weeks of their initial employment or whenever a new hazard is introduced into their work area and annually thereafter. 7

The contractor will train staff on the proper techniques for offender pat, room, vehicle, and common area searches. This training will be conducted within the first week of employment and annually thereafter. 11

STAFF TRAINING REQUIREMENTS CONTINUED

Training Chapter Referenced

The rules of conduct and sanctions for resident discipline infractions will be defined in writing and communicated to all staff. 12

Staff must be familiar with the Administrative Remedy Program Statement. 13

2007 RRC SOW, Page 1

INTRODUCTION

The Bureau of Prisons (BOP) provides community-based residential and nonresidential correctional services through contractual agreements with state, county and city governments and private corrections contractors. These contractors provide services which include employment and residence development and other self-improvement opportunities to assist federal offenders during the transition from prison to the community.

1. OBJECTIVE. The objective is to establish a Residential Reentry Center (RRC) that provides comprehensive community-based services for offenders, who are in the custody of the BOP, United States Attorney General, or under the supervision of the United States Probation Office (USPO).

2. STATEMENT OF WORK (SOW). The SOW sets forth the contract performance requirements for the management and operation of a RRC for federal offenders. The contractor will ensure that the RRC operates in a manner consistent with the mission of the BOP.

The mission is to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost efficient, appropriately secure, and provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

3. PLACEMENT OF OFFENDERS. Only the Community Corrections Manager (CCM) or their designee can approve a federal offender's placement at a RRC.

4. CONTRACTOR'S RESPONSIBILITY. The contractor will furnish all personnel, management, equipment, supplies and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the contractor is responsible for all costs associated with and incurred as part of providing the services outlined in this contract.

5. BOP'S PHILOSOPHICAL BASE. The BOP can successfully carry out its mission because its operations are firmly grounded in a set of common values and functional goals. A clear vision of the BOP's organizational and individualized responsibilities exist among employees. The BOP, as an organization, has a set of values and shared attitudes that guide staff's actions. These values are a source of pride and professionalism to all employees, as they see them reflected in safe, humane and cost effective operations, and in the fair treatment of offenders.

The following values are important for contract employees to understand, because they describe some of the major portions of the BOP's core values.

2007 RRC SOW, Page 2

These are important guiding principles for contract employees.

They provide direction for decisions that carry out the BOP's mission. They also are the foundation of many expectations that the BOP will place on contract employees throughout performance of the contract.

• Sound Correctional Management — The BOP maintains effective security and control of its offenders in RRC facilities utilizing the least restrictive means necessary. This approach is the essential foundation of all sound correctional management programs.

• Correctional Workers First — All BOP employees share with contract employees a common role as correctional workers and a mutual responsibility for maintaining safe and secure facilities and for modeling society's mainstream values and norms to offenders.

• Promotes Integrity — The BOP firmly adheres to a set of values that promotes honesty, integrity, and professionalism in order to ensure public confidence in its programs. These values also include the agency's prudent use of its allocated resources.

• Recognizes the Dignity of All — Recognizing the inherent dignity of all human beings and their potential for change, the BOP treats offenders fairly, is responsive to their needs, and affords them opportunities for self-improvement to facilitate successful reentry into the community. The BOP recognizes that offenders are incarcerated as punishment, not for punishment.

• Community Relations — The BOP recognizes and facilitates the integral role of the community in accomplishing the BOP's mission. The BOP also works cooperatively with other law enforcement agencies, the Courts, and other components of the Government. BOP staff visit regularly with RRC contract employees to exchange information on areas of mutual concern. RRCs have proven to be invaluable in maintaining a productive link between the institution and the community in which it is located.

• High Standards — The BOP requires high standards of staff integrity, safety, security, sanitation, and discipline, that promotes a physically and emotionally sound environment for both staff and offenders.

Contract employees need to be firm but fair, humane but careful, in their interactions with offenders.

2007 RRC SOW, Page 3

The RRC has an obligation to provide offenders with an opportunity to acquire the necessary skills for self-improvement and practice law-abiding behavior upon release. Offenders are encouraged to maintain family and community ties, through correspondence, visitation and planning for eventual release through participation in pre-release classes and other programs.

They have the obligation to honor their debts and begin payment while confined. Each offender is personally responsible for taking advantage of available RRC programs.

6. CONTRACT PERFORMANCE. All services and programs will comply with the SOW; the U.S. Constitution; all applicable federal, state and local laws and regulations; applicable Presidential Executive Orders (E.O.); all applicable case law; and Court Orders. Should a conflict exist between any of the aforementioned standards, the most stringent will apply. When a conflict exists and a conclusion cannot be made as to which standard is more stringent, the BOP will determine the appropriate standard. The contractor will comply with and implement any applicable changes to BOP policy, Department of Justice (DOJ) regulation, Congressional mandate, federal law or E.O.

The BOP reserves the right to enter into negotiations with the contractor to change the conditions or procedures in this SOW and contract. Should the BOP invoke such changes, the contractor retains rights and remedies to equitable adjustment under the terms and conditions of the contract.

The BOP reserves the right to have various staff monitor contract performance. The BOP reserves the right to conduct announced and unannounced inspections of any part of the facility at any time and by any method to assess contract compliance.

The BOP may investigate any incident pertaining to the performance of this contract. The contractor will comply and cooperate with the BOP on all investigations, monitoring visits, inspections and inquiries.

The contractor will report all criminal activity related to the performance of this contract to the appropriate law enforcement investigative agency, e.g., Federal Bureau of Investigation, United States Marshals Service, state and local authorities, and immediately notify the CCM of the report. The contractor will immediately report to the CCM any person or agency requesting to use an offender in any investigation.

The contractor will submit any requests for contract changes through the CCM to the Contracting Officer (CO) for approval.

2007 RRC SOW, Page 4

When electronic media, e.g., the Internet, is used by the contractor, the contractor will manage the information in accordance with federal law. The electronic submission of reports may be required at the discretion of the COTR.

7. SCOPE OF WORK. The contractor will comply with all requirements in this SOW and other reference documents as indicated. The technical proposal is incorporated into the contract unless otherwise stated in the contract or defined by the CCM.

The contractor will develop operational policies and procedures that follow the requirements contained in this SOW and of generally accepted correctional practice as defined by the COTR.

Except as otherwise provided for in this SOW, all federal offenders will receive the same treatment and services.

The contractor has the responsibility to ensure proper management and oversight of their program. Absentee ownership will not mitigate program integrity, responsiveness or responsibility.

The contractor will protect, defend, indemnify, save and hold harmless the United States Government, the BOP and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgements and liability arising out of, or in connection with, any negligent acts or omissions of the contractor, its agents, subcontractors, employees, assignees or any one for whom the contractor may be responsible.

The contractor will also be liable for any and all costs, expenses and attorneys fees incurred as a result of any such claim, demand, cause of action, judgement or liability, including those costs, expenses and attorneys fees incurred by the United States Government, the BOP and its employees or agents. The contractor’s liability will not be limited by any provision or limits of insurance set forth in the resulting contract.

The contractor will be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The CO will be notified in writing of all litigation pertaining to this contract and provided copies of said litigation or any pleadings filed within five working days of the filing. The contractor will cooperate with the Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or contractor litigation.

In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting

RRC SOW, Page 5 in any way from the performance of the contract or any subcontract under this contract.

RRC SOW, Page 6

CHAPTER 1 - Administration and Organization

The contractor will maintain a current written operations manual that is available to all staff. It will describe the purpose, philosophy, programs, services, policies and procedures of the facility, and be updated on an as-needed basis. It will describe the daily operational procedures for the respective facility and should not be used as a universal operational manual for other facilities. Staff will have a thorough working knowledge of the operations manual. The contractor must operate in accordance with the operations manual. The operations manual will not circumvent the SOW requirements. The operations manual is a separate manual from the technical proposal. Staff shall review the operations manual at least annually, and the contractor will documentation of the review. The operations manual will be available for review by the BOP during inspections of the facility.

The contractor will report, through the CCM, to the CO any deviation from the requirements of this SOW. The CCM will interpret the requirements of this SOW.

Any disagreement regarding contract performance should first be disputed, or addressed, with the Contracting Officer’s Technical Representative (COTR). If the conflict cannot be resolved with the COTR, then the issue should be elevated to the Regional Management Center Administrator or the Community Corrections Regional Administrator. If an agreement still cannot be reached then the contractor should address the Contracting Officer, in writing.

The contractor will develop a written mission statement, long-range goals, and objectives, which will be available for review by the BOP during inspection of the facility.

1. AMERICAN CORRECTIONAL ASSOCIATION (ACA). The BOP encourages the contractor to acquire certification in accordance with the most current edition(s) of the ACA Standards for Adult Community Residential Services.

If the facility is not ACA accredited, the contractor will use the most recent edition(s) of the ACA Standards for Adult Community Residential Services as a guide in developing the operations manual.

The contractor will advise the CCM in writing of their intent to seek ACA accreditation.

2. PERFORMANCE. The contractor will maintain a current contingency plan to ensure continuity of service should unforseen circumstances occur, such as employee work actions or strikes, RRC SOW, Page 7 natural disasters, or terrorist activities, etc. The plan must be available to the BOP for inspection upon request.

The contractor will provide at least 70 percent of the contract requirements by using employees compensated directly by the contractor. This means the contractor cannot subcontract more than 30 percent of the contract requirements. The intent is to create a uniform composition of services under the control and supervision of the facility director. The contractor will submit all proposed subcontracts to the BOP for approval when the contractor intends to seek the services of a subcontractor, i.e., food service or facility maintenance.

3. INFORMATION. The contractor will comply with the requirements of the Freedom of Information Act 5 U.S.C. §552, Privacy Act, 5 U.S.C. §552a. and 28 CFR part 16, Production or Disclosure of Material or Information and P.S. Release of Information. The contractor will have written policy and procedures for staff managing information. The contractor will seek the CCM's approval before releasing BOP records in response to a request for information.

a. Government Contacts. The contractor will post and display in a conspicuous location a listing of the names, addresses, and telephone numbers of the responsible Community Corrections Regional Administrator (CCRA), Assistant Community Corrections Regional Administrator and/or Management Center Administrator (MCA), Transitional Drug Abuse Treatment Coordinator (TDAT-C), CCM, Regional Director, and Chief USPO.

b. Congress. The contractor will immediately notify the CCM when a request, e.g., information or tour of the facility, is made by a member of the United States Congress to the contractor.

c. News Media. The contractor will notify the CCM when a request or contact is made by any media representative, i.e., a person whose principal employment is to gather or report news for a newspaper, magazine, national or international news service, radio or television news program. These requests or contacts may include, but are not limited to, interviews, visits or impromptu questions with staff or offenders. Contractors should reference the P.S. News Media Contacts.

The contractor is encouraged but not required to clear in advance all public information issues with the CCM, including, all press statements and releases.

The contractor will ensure employees agree to use appropriate disclaimers clearly stating that the employees' opinions do not necessarily reflect the position of the BOP or DOJ in any public

RRC SOW, Page 8 presentations they make or articles they may write that relate to any aspect of the contractor's performance in this contract.

d. Documentation. The contractor will document that all requirements of this SOW are being met. The contractor has the affirmative responsibility to prove the requirements are being met. The contractor will maintain documentation of:

• Their standing as a legal entity, or part of a legal entity, and will maintain documentation indicating legal measures have been taken to provide continuity of service in case of incapacitation, retirement, or death of the contractor.

• Their tax exempt status, if applicable.

• Valid liability and property insurance for the facility and equipment, with documentation available for review at the facility.

e. Meetings. The facility director will conduct staff meetings at least monthly to foster open communication, establish policy, discuss problems, ensure compliance with SOW requirements, and accomplish program objectives. The contractor will distribute new or revised policy and procedure to staff, volunteers, and if appropriate, offenders. The contractor will document these meetings with written minutes to include staff attendance. This documentation will be made available to the BOP for inspection upon request.

f. Equipment. The contractor will have a working facsimile machine, computer, and telephone capabilities. Additionally, the contractor will have a computer with Internet capabilities to include Internet Explorer browser for communicating with the CCM office.

g. Translation. The contractor will provide for the translation of facility rules, emergency diagrams, and other related documents into a foreign language as required by the composition of the offender population.

4. COMMUNITY OUTREACH. The BOP believes it is extremely important and vital to develop and maintain positive community relations. This may be accomplished through development of a community relations board OR development of an outreach program.

If the contractor chooses to develop an outreach program, they must provide written policy and procedures that offers ongoing, positive communication between the facility, local community, elected officials, law enforcement and citizens. The program must describe the approach to educating the local community about

RRC SOW, Page 9 the goals and mission of the RRC and maintaining the support of the community. The program must also include specific activities that will be conducted on a quarterly basis.

If the contractor chooses to develop a community relations board, they must follow the standards set forth in the P.S. Community Relations Board.

5. FISCAL RESPONSIBILITIES. The contractor will operate according to an annual written budget of anticipated revenues and expenditures. The contractor will have policy and procedures for the receipt, safeguarding, disbursement, and recording of funds that comply with generally accepted accounting practices.

RRC SOW, Page 10

CHAPTER 2 - Personnel

1. ORGANIZATIONAL CHART. The contractor will maintain a narrative description and diagramed organizational chart outlining the structure of authority, responsibility, and accountability of both the facility and the company. The intent is to gain an understanding of the "chain-of-command” within the organization.

2. STAFF COVERAGE. The contractor will have trained, paid staff, dressed and awake, on the premises to provide 24 hour coverage, seven days a week. This staff coverage shall provide for the safe and secure supervision of all federal offenders.

a. Position Requirements. The minimum education and experience qualifications for the position of facility director (facility manager, RRC supervisor, center director and all other similar titles) will be a four year degree in a social or behavioral science program from an accredited college or university, two years of work experience in a related field, and a minimum of two years in a supervisory position. Work experience may be substituted for academic studies exchanging one year of work experience in a related field for one year of academic education. Total work experience needed in lieu of the combination of education and work experience is six years, with two of the years in a supervisory position.

The education and experience qualifications for the position of social services coordinator will be a four year degree in a social or behavioral science program from an accredited college or university. At a minimum, one year of experience must be working in the social services field in a relevant position. For description of services provided by the SSC see Chapter 10.

b. Staffing Pattern. The contractor will concentrate staff when most offenders are available for program activities, normally during the evening hours. A key staff member will be available on site Monday-Friday 8:00 a.m. to 4:00 p.m.

The contractor will staff at least two positions(one male and one female if the facility is co-ed) 7-day post, 24 hours a day, dedicated only to the supervision of federal offenders. This requirement is not mandated for minor use facilities (14 or less federal offenders contracts). Ordinarily, these seven day posts cannot be covered by other positions such as case managers or facility directors unless documentation requesting such is submitted to and approved by the CCM. The intent is that these posts will devote 100 percent of their time supervising offenders. The contractor will also provide key personnel in accordance with the number of offenders residing in a facility (see Key Personnel).

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c. Key Personnel. Includes the facility director (facility manager, RRC supervisor, center director and all other similar titles) case manager or equivalent and social services coordinator (SSC). All key personnel are full-time employees.

The contractor will identify to the CCM the key personnel employed at the facility.

1) All major use contracts will staff at least three key personnel positions. The positions will be the facility director, case manager, and social services coordinator (SSC).

These positions will be 100% devoted to the federal contract.

2) All moderate use contracts will staff at least three key personnel positions. The positions will be the facility director, case manager, and social services coordinator. These positions will be 100% devoted to the federal contract.

3) All minor use contracts will staff at least two key personnel positions. The positions will be the facility director and a case manager. These positions do not have to be 100% devoted to the federal contract. However, in cases where these positions will be shared, the contractor must receive approval by the CO.

The CCM must approve changes of key personnel before they are employed in a key personnel position.

The contractor will staff all key personnel positions throughout the performance of the contract. The contractor will notify the CCM in writing if any personnel vacates a position permanently and indicate when a replacement will be made. The notification will occur within five working days after the vacancy. The number of case manager positions may be determined by the contractor, the number must be adequate to perform the tasks associated with the position and commensurate with the inmate workload of the population without being pulled to perform duties assigned to other positions. Failure to maintain negotiated staffing patterns will result in adverse action.

d. Staff/Offender Ratio. The contractor is always responsible for the appropriate supervision of federal offenders and the orderly running of the RRC. The staff/offender ratio established in the contract, contributes to the contractor's ability to safely and securely operate the RRC. Housing configurations must also be taken into consideration, i.e., several buildings, would require the contractor to determine the number of staff needed to safely and securely supervise the federal offenders. The contractor will notify the CCM of any unforseen circumstance which may affect the safety, security or orderly running of the RRC.

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e. Population Changes. If the average monthly population (AMP) changes from the BOP's original projection for three consecutive months, the staff/offender ratio may be changed in accordance to the following:

1) If the AMP exceeds the original estimate by 25 percent for three consecutive months, the contractor will add qualified staff consistent with the original staff/offender ratio.

2) If the AMP is 25 percent below the original estimate for three consecutive months, the contractor may reduce staff consistent with the original staff/offender ratio, as long as the contractor continues to provide safe and secure supervision of federal offender.

The CO is the deciding authority for any adjustments to the staff /offender ratio. The contractor will comply with any change(s) to the ratio as directed by the CO.

3. PERSONNEL RECORDS. The contractor will maintain a complete, and current personnel file for each employee. All personnel files must be stored in a locked compartment accessible to senior management staff only. The contractor will ensure the files are readily available for BOP review upon request.

The contractor will have a written personnel manual specifically for the respective facility. The personnel manual is a separate manual from the operations manual. The policies and procedures will cover at a minimum the following areas:

Staff coverage Personnel records Staff training Recruitment Staff discipline Separation from work Staff retention Performance evaluation Organizational chart Standards of Conduct Staff orientation Volunteers Staff development Resignation

a. Employee Evaluation. The contractor will develop written policies and procedures for an annual written performance review of each employee based on defined criteria. The results are discussed with the employee, and the review is signed by the employee and evaluator and maintained in the employees personnel file.

b. Affirmative Action. The contractor will have a written policy specifying that equal employment opportunities exist for all positions. Full consideration will be given to the recruitment, hiring, placement, retention, training, and advancement, of women, members of minority groups, disabled veterans, and qualified individuals with disabilities who, with

RRC SOW, Page 13 or without reasonable accommodation, can perform the essential functions of the job in question. The contractor will not discriminate against individuals based on race, color, religion, sex, national origin, physical or mental disability, age, retaliation, or sexual orientation. In addition, the contractor will not prevent women from working in male offender programs or men from working in female offender programs.

c. Newly Hired Employees. The contractor will have written policy providing for a probationary term followed by permanent status for newly hired or newly promoted employees.

d. Social Security Card. The contractor will ensure each employee and any subcontractor, has a social security card issued by the U.S. Social Security Administration, and is a United States citizen or a person lawfully admitted into the United States as a permanent resident.

e. Training. The contractor will develop an employee training program in addition to any BOP provided training.

1) Staff Training. Prior to working with federal inmates all staff must receive training on their respective duties and responsibilities. The contractor will document the employees' understanding and participation, to include time and date of completion. A copy will be maintained in the employee’s personnel file.

2) Annual Refresher Training. The contractor will provide staff with at least 20 hours of annual refresher training relating to the operation of the RRC. The contractor will document the training topics, date, time and participants. The training must cover the following:

• Discipline procedures for offenders

• Demonstrate working knowledge and competency of the discipline procedures by passing the standardized test administered by the COTR;

• Emergency Plans;

• Staff integrity and ethics;

• Accountability and security procedures;

• Life, safety and emergency procedures;

• Offender searches;

• Signs of suicide and suicide precautions;

• Use of force regulations and tactics;

• CDC Report writing;

• Universal precautions;

• Interpersonal relations and communication skills;

• Social and cultural life styles of the offender population;

• Prevention, identification, and handling of sexual

RRC SOW, Page 14 abuse/assault incidents (see Chapter 22) and

• Basic first aid.

3) BOP Training. At least one key personnel staff member will attend and participate in the BOP regional training meeting, which is ordinarily scheduled every two years. The contractor is responsible for all costs associated with attending this training.

4) Staff Retention. The contractor will develop a retention program designed to minimize employee turnover. If there are breakdowns in accountability or programming as a result of the contractors failure to implement a successful retention program, adverse contracting action may be taken by the Bureau.

4. BACKGROUND INFORMATION. Contract employees must be approved by the CCM before they may work with federal offenders.

The contractor will secure a completed and signed REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION form, Attachment A, for all individuals the contractor has determined is appropriate for employment and any person who will work with federal offenders.

The contractor will then submit this form to the CCM. The CCM will begin the fingerprint and background checks. The contractor will only request the BOP conduct background checks on persons they have offered conditional employment. The contractor will notify this person that a National Crime Information Center/National Law Enforcement Telecommunication System (NCIC/NLETS), fingerprint, criminal records and other appropriate background checks will be processed by the BOP to verify this information. The intent is to screen applicants to determine their acceptability to work with federal offenders. The contractor will not submit the name of any person the contractor does not employ or intend to employ.

This person will not begin working with federal offenders before clearance is obtained from the CCM. The CCM may grant the person temporary clearance to work with federal offenders after the NCIC/NLETS check is conducted if the results of the check are appropriate. The contractor will understand that the granting of final approval will not occur until after the CCM receives a response(s) from the fingerprint or other background checks and these checks prove to be appropriate.

The CCM will ordinarily approve a person to work with federal offenders in accordance with guidelines established in the current version of the P.S. Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities.

This action does not prevent, preclude, or bar the withdrawal or termination of any prior clearance or approval by the CCM at any time during the term of the contract.

RRC SOW, Page 15

The contractor will voucher potential employees through reference and employment checks. The contractor will document information regarding reference and employment checks in the employee's personnel file. The contractor will verify training and experience of all staff. This includes credentials for all professional staff. The contractor will document the verification in the personnel file and make it available during inspections.

The Facility Director may be required to fingerprint proposed staff as directed by the COTR. The completed fingerprint cards will be mailed to the CCM for processing.

5. CONTRACTOR’S EMPLOYEE STANDARDS OF CONDUCT. The contractor will develop and use written policy, procedures and practice, herein called Contractor’s Employee Standards of Conduct, for employee conduct, ethics and responsibility. The contractor will notify its employees of the Contractor’s Employee Standards of Conduct.

a. At a minimum, the Contractor’s Employee Standards of Conduct will require employees to conduct themselves in accordance with the following standards:

• The contractor will require its employees to conduct themselves professionally and in a manner that creates and maintains respect for the RRC, BOP, the Department of Justice (DOJ), and the U.S. Government.

• The contractor will require its employees to avoid any action that might result in, or create the appearance of, adversely affecting the confidence of the public in the integrity of the RRC, BOP, DOJ and U.S. Government.

• The contractor will require its employees to uphold all ethical rules governing their professions, including compliance with applicable licensing authority rules, unless they conflict with legal laws.

• The contractor will prohibit its employees from using or possessing illegal drugs or narcotics. The contractor will prohibit its employees from abusing any drugs or narcotics. The contractor will prohibit its employees from using alcoholic beverages and being under the influence of alcohol while on duty, present in the facility, or immediately before reporting for duty. The contractor will indicate to contractor’s employees that when a contractor’s employee’s blood alcohol content level is 0.02 percent or greater he or she will be considered to be under the influence of alcohol.

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• The contractor will prohibit its employees from showing partiality toward, or become emotionally, physically, sexually, or financially involved with offenders, former offenders, or the families of offenders or former offenders. Chaplains, psychologists, and psychiatrists may continue a previously established therapeutic relationship with a former offender in accordance with their respective codes of professional conduct and responsibility.

• The contractor will prohibit its employees from engaging in sexual behavior with an offender. The contractor will indicate to its employees that regardless of whether force is used or threatened, there can be no “consensual sex” between contractor’s employees and offenders. Sexual misconduct is illegal and a violation of federal law.

• The contractor will prohibit its employees from offering or giving an offender or a former offender or any member of an offender’s family, or to any person known to be associated with an offender or former offender, any article, favor, or service, which is not authorized in the performance of the contractor’s employee's duties. The contractor will prohibit its employees from accepting any gift, personal service, or favor from an offender or former offender or from anyone known to be associated with or related to an offender or former offender. The Contractor’s Employee Standards of Conduct, will clearly state that this staff prohibition includes any involvement with an offender’s family members or any known associates of an offender.

• The contractor will prohibit its employees from showing favoritism or give preferential treatment to one offender, or a group of offenders, over another offender.

• The contractor will prohibit its employees from using profane, obscene, or otherwise abusive language when communicating with offenders, fellow employees, or others. The contractor will require its employees to conduct themselves in a manner that is not demeaning to offenders, fellow employees, or others.

• The contractor will prohibit its employees from having any outside contact with an offender, ex-offender, offender's family or close associates, for a period of one year from the last day of the offender's sentence

RRC SOW, Page 17 or supervision, whichever is later, except those activities that are an approved, integral part of the RRC program and a part of the employee's job description.

• The contractor will prohibit its employees from engaging in any conduct that is criminal in nature or which would bring discredit upon the RRC, BOP, DOJ or U.S. Government. The contractor will require its employees to conduct themselves in a manner that is above reproach. The contractor will require its employees to obey, not only the letter of the law, but also the spirit of the law while engaged in personal or official activities. The contractor will require its employees charged with, arrested for, or convicted of any felony or misdemeanor, to immediately inform and provide a written report to the facility director. The facility director will immediately report the incident to the COTR. Traffic violations resulting in fines less than $150 are exempt from this reporting requirement.

• The contractor will prohibit its employees from using brutality, physical violence, or intimidation toward offenders, or use any unauthorized or inappropriate force.

• The contractor will prohibit its employees from engaging in inappropriate supervisor/subordinate relationships, to include but not limited to, emotional, sexual, financial or physical.

• The contractor will prohibit its employees from possessing lethal weapons or weapons which may inflict personal injury, to include pepper spray or other self-defense type of chemical agents, in the facility or while on duty. The contractor will also prohibit contractor’s employees from storing lethal weapons or weapons which may inflict personal injury, to include pepper spray or other self-defense type of chemical agents, in vehicles under their control parked on or adjacent to the facility. Offenders will not possess or use any of these items at any time.

• The contractor will prohibit any of its employees who are suspected of violating the contractor’s Employee Standard of Conduct from contact with federal offenders until a disposition is made by the COTR.

The contractor will require all employees to sign an acknowledgment that they have received and understand the

RRC SOW, Page 18 contractor’s Employee Standards of Conduct. The acknowledgment will indicate that the contractor will require all employees to cooperate fully by providing all pertinent information which they may have to any investigative authority. Full cooperation includes truthfully responding to all questions and providing a signed affidavit, if requested. The contractor will retain a signed copy of this acknowledgment in each of its employees’ personnel files.

b. The contractor will not conduct an investigation of any misconduct allegation without the COTR’s approval. This includes questioning the subject of a misconduct allegation. The contractor will advise all employees that they are subject to government investigation if an allegation is made concerning any matter affecting the interests of the Government.

Attorneys may not be present or involved in administrative investigations. Attorney involvement includes, but is not limited to; presence during interviews, review of employee affidavits, and receipt of investigative summaries or documents from the investigative authority. If at any time an investigation uncovers evidence of criminal behavior, the investigation process will immediately stop and appropriate law enforcement officials will be notified.

Investigative authorities include, but are not limited to, investigations conducted by the Department of Justice, (e.g., the Federal Bureau of Investigation, U.S. Marshals Service, Office of the Inspector General, Office of Professional Responsibility, BOP Office of Internal Affairs, BOP Special Investigative Agent, BOP Special Investigative Supervisor, Equal Employment Opportunity Investigator) and others (e.g., Department of Labor, Office of Personnel Management, U.S. General Accounting Office), or any other agent or agency the COTR authorizes or directs to conduct an investigation.

c. The contractor will report any allegation, violation or attempted violation of the contractor’s Employee Standards of Conduct immediately by telephone to the COTR. The contractor will subsequently report in writing to the COTR, within one business day after becoming aware of the incident. The contractor will not restrict any contractor’s employee or offender from reporting misconduct directly to the BOP. The contractor will not retaliate against any contractor’s employee or offender who reports misconduct.

Following the investigation(s), and if allegations are sustained, the contractor will indicate, in writing, to the COTR the contractor’s proposed plan of corrective action for the COTR’s approval. The COTR has the right to determine if the contractor’s employee may continue to work with federal

RRC SOW, Page 19 offenders. A summary of the investigative findings may be disclosed by the Bureau to the contractor’s authorized negotiator.

Failure to report a violation of the contractor’s Employee Standards of Conduct or to take appropriate action against a contractor’s employee may subject the contractor to appropriate action, up to and including termination of the contract.

d. The contractor will not employ any individual who is under the supervision or jurisdiction of any parole, probation or correctional authority. Persons with previous criminal convictions who are not under supervision may be considered for employment. However, the COTR reserves the right of approval in such cases.

e. The contractor will have a written policy to prevent conflicts of interest that specifically states that no contractor’s employee may use his or her official position working with federal offenders to secure privileges or advantages in the facility or in the community.

f. The contractor will operate a facility which provides the highest degree of safety for offenders and contractor’s employees. The contractor will specifically define when contractor’s employees may use force against offenders. The contractor will prohibit contractor’s employees from using excessive force to control a situation. The contractor will immediately report any instance of the use of force to the COTR, by the most expeditious means available, e.g. telephone. The contractor will submit in writing, within one calendar day after the incident, a written report to the COTR.

6. SEXUAL ABUSE INFORMATION. The contractor has the responsibility to provide a working environment that is free from sexual harassment and intimidation in accordance with Title VII of the Civil Rights Act of 1964, as amended. Sexual abuse/assault/misconduct is verbal or physical conduct of a sexual nature directed toward an offender or employee by another offender, employee, or volunteer of the facility. The contractor will ensure that policy prohibits sexual abuse/assault/misconduct by employees against federal offenders or other employees.

The contractor will meet all requirements, elements and protocols of the P.S. Sexually Abusive Behavior Prevention and Intervention Program. Written policy, procedure, and practice will provide that all staff receive the facility's sexual abuse/assault/misconduct prevention and intervention program training during employee orientation and on an annual basis as part of the facility's in-service training plan.

RRC SOW, Page 20

7. DRUG FREE WORKPLACE. The contractor will implement and follow P.S. Drug Free Workplace. This program provides a mechanism for employee assistance and employee education regarding the dangers of drug abuse.

8. VOLUNTEERS. The BOP encourages the use of volunteers.

Contractors may use volunteers to provide a variety of programs, such as marriage and family enrichment, substance abuse education, literacy, spiritual growth, recreation, health education, fitness, vocational training and many others. While providing these valuable services, volunteers reinforce the societal values conveyed daily by staff. Direct volunteer assistance is useful to an offender’s successful community reintegration.

Volunteers are private citizens or students, age 18 or older, who provide a variety of unpaid services that would not otherwise be performed by a paid employee. The contractor will have all volunteers complete the BOP form entitled APPLICATION FOR VOLUNTEER SERVICE and send to the CCM. The contractor will provide a brief orientation program for all volunteers and provide specific written guidance in the format of a "Volunteers Manual."

All volunteers who provide services in the RRC, at a minimum, must undergo a criminal history check (NCIC) prior to working with federal offenders. For a volunteer to provide 1-1 counseling or work with small groups of offenders (3 or less) the volunteer must undergo a full criminal history check (NCIC and fingerprinting).

Paid contracting staff will provide intermittent supervision of the volunteers, who have not had a full criminal history check, while they are providing services in the facility. Supervision is direct observation by a staff member, at a minimum every 30 minutes.

9. STAFF AND VOLUNTEER ROSTERS: The contractor will submit a typed, alphabetical staff roster each month, to be included with the monthly billing. This roster must include the employee’s complete name, title, full or part-time status, and date of hire.

Volunteers should be listed separately, indicating the type of volunteer work being done, i.e., AA, NA, or religious.

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CHAPTER 3 - Facility

1. COMPLIANCE. The facility will comply with applicable local, state, and national health, safety, environmental laws, regulations, Executive Orders, and building codes. In the event local, state, and national codes conflict, the most stringent will apply. The contractor will adhere to the requirements of:

the Architectural Barriers Act of 1968 as amended (an alternative location off site may be proposed for housing offenders with disabilities if it meets this act); Rehabilitation Act of 1973 as amended and sections 502 and 504; Uniform Federal Accessibility Standards (UFAS); the National Fire Codes published by the National Fire Protection Association with special emphasis on the 101 Life…